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STATE v. ALVAREZ

No. 3159.

605 P.2d 1160 (1978)

93 N.M. 761

STATE of New Mexico, Plaintiff-Appellee, v. Johnny ALVAREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

February 21, 1978.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Suzanne Tanner, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

John B. Bigelow, Chief Public Defender, Martha Daly, Asst. Appellate Defender, Santa Fe, Michael L. Stout, Asst. Public Defender, Roswell, for defendant-appellant.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of trafficking in heroin. The issues involve: (1) unavailability of the informer at trial; (2) entrapment as a matter of law, and (3) jury selection.

Unavailability of the Informer at Trial

Three persons were present at the heroin sale — defendant, an undercover police officer and the informer. Although the trial court authorized the taking of the informer's deposition...

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